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Search Results 0 to 16 of about 17 (some duplicates have been removed)
authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
but in the beginning he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism and so the government has that opportunity right now. >> reporter: the government invoked the same rule in the case of the so-called underwear bomber. as in his case it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of likely are there any other improvised explosive devices, other people working in the network. the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases, some republicans in congre
's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect is an american citizen. it could be challenged in court and that
the time, the suspect is arrested he is read his miranda rights wu yo have the right to be silent, you have a right to an attorney. when he was captured last night he was not read his rights. we're asking why and what it could mean. welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com >>> all right. i want to bring the live pictures now from m.i.t. it's from that m.i.t. officer, sean collier, 26-year-old old. there's the memorial service going on. we saw the hearse earlier. we had a moment of silence for him as i was going down the street. thousands 0 people are showing up. the 26-year-old officer lost his life on saturday -- on friday during a chase and then also it is believed that the
, should dzhokhar tsarnaev be treated as a criminal, or treated under the miranda rule and read his rights and given a lawyer or treated as enmyth combatant with no such protections? >> i believe strongly the former. that is the only legal way to proceed. i do not believe under the military commission law that she is eligible for that. it would be unconstitutional to do that. one of the great things in america we come together at times of trial. i very much regret the fact that there are those that want to precipitate debate whether he's enemy combatant or whether he is a terrorist, murder, et cetera. federal law, we have had 435 terrorist convictions. under federal law. we had 100-plus arrests. maybe half a dozen under the military commission. this is clear to me that the course that can be taken, the high value interrogation group. they are skilled and they know how to do this. the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from
as a criminal, read his miranda rights and have his right to a lawyer, or should he be treated as an enemy combatant with no such protections? >> i believe very strongly the former. i believe that's the only legal way to proceed. i do not believe, under the military commission law, that he is eligible for that. it would be unconstitutional to do that. let me say this, chris. one of the great things about america is that we come together at times of trial. i very much regret the fact that there are those that want to precipitate a debate over whether he's an enemy combatant or whether he is a terrorist, a murderer, et cetera. federal law, we've had 435 terrorist convictions under federal law. we've had 100-plus arrests. there have been maybe half a dozen under the military commission. it is really very clear to me that the course that can be taken -- you've got the high value interrogation group. they're skilled. they know how to do this. the miranda right can be read at a later time. he has reportedly been shot through the throat. he's intubated. he can't talk now. so there is time to do t
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
been officially given his miranda rights. meanwhile and of those victims one was buried today in. >> reporter: one week after the bombings several the suspects word acted the suspects acted alone and it was to the reason for the bombings was due to religious beliefs. earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have
to know and interrogate him at this point without reading him his miranda rights. i want you to meet a former deputy assistant director of the fbi's counterterrorism division. you handled practically every high profile case of bombing that we've seen in this country, including the unabomber case and the olympic bombing. thanks so much for being with us. >> good morning, jamie, you're welcome. >> we had chance to talk in the middle of the night the other night. >> we did. >> now we can reflect. we have the suspect in custody. it seems to me this is a huge investigation still, even though there's tons of evidence. you have multiple crime scenes, multiple devices, and a million questions. what will the fbi want to know first? >> well, now the investigation really gets underway, and we talked last night in the middle of the night about the search for the subjects, but now we're really going to focus in on how did these people live? how did they exist? what were they doing in the months and the years preceding these bombings, and particularly in the weeks and days before they actually com
noth get his miranda rights. even though right now there's a public safety excmondtion thado going t in 48 hours and then he can >> that is what happened to the marathon bomber. he was a foreign citizen. he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attorna
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
. within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right to an attorney. he doesn't have to talk unless he wants
of the boat. >> no miranda warning, do you want to explain that to us. > that is a federal issue. >> what was the question? >> there was no miranda warning given they were claiming a public safety exception. >> there is a public safety exemption involving acts of terrorism. so the government has the opportunity, right now. i believe that the suspect has been taken to a hospital. thank you. yes? i'm sorry? >> are you going to seek the death penalty? >> this is still an active, ongoing investigation. we're going to be reviewing up of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of the department of justice that makes that final decision. i'm sorry? karen? >> can you talk a little bit about when you were on the scene, was he moving around? how did you know it was a chance to take him into custody? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of info
terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live in the newsroom, katie utehs. ktvu news. >>> people are in texas are being allowed in their homes. curfew is still in effect and there is limited water and electricity. many are still trying to learn the condition of family and friends hurt in the explosion. >> it's really hectic, but we are patient because we know the extent of damage on the other side. and we got friends and family that we don't know about over there. >> 14 people died in the fertilizer plant explosion, including 11 emergency responders. 200 m
. just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that stands out in
Search Results 0 to 16 of about 17 (some duplicates have been removed)

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